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Access to and use of the
Australian Training Alliance site is provided by the operators of this website
("us", "we" or "our") on the following conditions
and according to any other directions or rules of use on this site
("Terms"). If you access this site (other than to read these Terms
for the first time), you agree to these Terms. If you do not agree to these
terms, you should not review information or obtain services or goods from this
site. We reserve the right to change the Terms at any time by posting changes
on-line. You are responsible for informing yourself of any changes by regularly
reviewing these pages. If you access the site after changes are posted, you
agree to all changes (including those which you are then unaware have been
posted).
1. DISATAIMERS, LIABILITY
LIMITATION AND INDEMNITY
General Disclaimers Use of this site is at your risk. None of us, our
affiliates (including Smart Marketing Streetwise Workshops) or any of their
respective employees, agents, third party content providers or licensors: makes
any express or implied representation or warranty about, or shall be liable, in
contract, tort (including negligence) or otherwise, for any direct, indirect,
special or consequential loss, damages or reliance in connection with, this
site, its use, its content or any products or services (including our products
or services) referred to on this site. This includes (but is not restricted to)
loss or damage you might suffer as a result of any of the following: your
reliance on the completeness, accuracy, suitability or currency of the site,
its content and other information provided via this site (including third party
material and advertisements on this site, the content of books featured in the
Recommended Resources section, information provided via the "Ask the
Expert" service and any material linked to, or on sites that are linked
to, this site), irrespective of any verifying measures taken by us. This site
is designed for general interest only.
It is not advice and you should
not rely on it. failure of performance, error, omission, interruption,
deletion, defect, failure to correct defects, delay in operation or
transmission, computer virus or other harmful component, loss of data,
communication line failure, unlawful third party conduct, or theft,
destruction, alteration or unauthorised access to records. accessing any sites
or servers maintained by other organisations through links on this site. Links
are provided for the convenience of our site users only and without
responsibility for the content or operation of those sites. Unless otherwise
stated, linked sites and their products and services are not endorsed by us and
your linking to any such site at your own risk. the provision of credit card or
other financial information, the failure to complete (or delay in completing)
any transaction, or other loss or damage arising from any e-commerce transacted
or attempted to be transacted on this site. defamatory, threatening, offensive
or unlawful conduct of third parties or our publication of any materials
relating to or constituting such conduct. a breach by us of our Privacy Policy
(other than a wilful breach).
No advice given If you require
specific advice for your individual circumstances, consult an appropriate
expert directly. Do not rely on the general material on this site. Exclusion of
implied warranties To the maximum extent permitted by law, we exclude all
warranties by us that otherwise would be implied in any transactions for the
supply by us of products or services offered on this site (including warranties
of satisfactory quality, merchantability and fitness for purpose). Continued
site availability and access We do not warrant that we will continue to make
this site available generally or at all and reserve the right at any time to
impose or increase fees for your future access to any material appearing on
this site. We reserve the right at any time to alter the site in such a way as
to change the equipment needed by you to access or use the site or any part of
it. Limitation of our liability (if any) to you Our total liability to you (if
any) for loss, damage or reliance shall be limited, at our election, to: in the
case of information or services supplied or offered by us - the re-supply of
the information or services or payment of the cost of doing this; in the case
of products supplied or offered by us - repair or replacement of the products,
supply of equivalent products, or payment of the cost of doing this; or the
amount paid by you (if any) for accessing this site.
Indemnity
You indemnify us, our affiliates
and our respective employees, agents, third party content providers and
licensors from and against all actions, suits, ATAims, demands, liabilities,
costs, expenses, loss and damage (including legal fees on a full indemnity
basis) incurred or suffered by you or by us as a direct or indirect consequence
of: your accessing, using or transacting on this site or your attempts to do so
(except for our costs of making this site available to you that you have not
agreed to meet); any breach by you or your agents of the Terms. Rights we
cannot exclude, limit or disATAim This disATAimer, liability limitation and
indemnity does not exclude any rights which by law may not be excluded.
2. MEMBERSHIP OF AUSTRALIAN
TRAINING ALLIANCE
If you register as a member of Australian Training Alliance then you agree that
you will remain a member for a period of at least six months ("minimum
period"). Upon your request, we will remove you from our membership list
within a reasonable time. However, if we receive your request during the
minimum period then you will not be removed from the membership list until the
minimum period has expired. You consent to us using your personal information
for the purposes outlined in our Privacy Policy for the duration of the minimum
period.
3. COPYRIGHT AND INTELLECTUAL
PROPERTY NOTICES
International copyright protection The material on this web site is protected
by copyright under the laws of Australia and, through international treaties,
other countries. We own or control, and reserve, all rights Unless otherwise
indicated, all rights (including copyright) in the content and compilation of
these web pages and on-line images (including text, graphics, logos, button
icons, video images, audio clips and software) are owned or controlled for
these purposes, and are reserved, by us. Personal, non-commercial use You are
authorised to: download and view content; and use the software included in this
site in doing this, for your own personal, non-commercial use, provided that
you keep intact all copyright and other proprietary notices.
If you are an internet service or
access provider, you are authorised to grant access to this site, intact, to
your subscribers. You must not, without our prior written permission, exploit
any of our site materials for commercial purposes. Prohibited conduct Aside from
the authorised uses outlined above, you are not authorised, without our prior
written permission and the permission of any other relevant rights owner, to
copy, mirror, broadcast, reproduce, frame, republish, download, store (in any
medium), up-load to a third party, transmit, post, broadcast, distribute, show
or play in public, adapt or change in any way the content of, or create a
derivative work from, these web pages for any other purpose.
This prohibition does not extend
to materials on this site which are expressed to be freely available for re-use
or replication, subject to any conditions we specify. Creating links to this
site You are welcome to create links from your web pages to these web pages.
However, you must not use our trade marks in doing so unless you have our
written permission. We are happy to discuss this with you. We can use your
feedback When you send us any feedback or suggestions about this site or our
business, you agree that we can use and adapt any ideas, concepts, techniques, words
or images contained in the feedback or suggestions for any purpose and without
restriction or compensation.
4. TRADE MARK NOTICES
Prohibition No trade mark of ours (whether registered or otherwise) may be used
without our prior, specific, written permission. Notice of marks Each of our
trade marks is protected in Australia and may be the subject of rights in other
countries. Other product names and images on this site may be trade marks or
registered trade marks of ours, our affiliates or third parties (including
advertisers and our sponsors). The use or misuse of these trade marks, except
as expressly authorised by the trade mark owner, is prohibited. DisATAimer of
association or endorsement The use by us of another's trade mark on this site
is not of itself intended to indicate any association with, or endorsement by
or of, the owner of that trade mark.
5. USER CONDUCT AND INDEMNITY
Lawful use only You must use this site only for lawful purposes. General prohibitions
You must not up-load, post, transmit or otherwise make available through this
site any material which: violates or infringes the rights of others (including
their privacy and publicity rights). is unlawful, threatening, abusive,
defamatory, invasive of privacy, vulgar, obscene, profane or which may harass
or cause distress or inconvenience to, or incite hatred of, any person.
encourages conduct that would constitute a criminal offence, give rise to civil
liability or otherwise violate any law. restricts or inhibits any other user
from using or enjoying this site. affects the functionality or operation of
this site or its servers or the functionality or operation of any users'
computer systems (for example, by transmitting a computer virus or other
harmful component, whether or not knowingly). breaches any standards, content
requirements or codes promulgated by any relevant authority, including
authorities which require us to take remedial action under any applicable
industry code. No promotional materials You must not, without our prior written
consent, up-load, post, transmit or otherwise make available through this site
any material which contains promotional material, advertising or any
solicitation (whether commercial or otherwise) for products of services.
No infringement of others'
proprietary rights You must not, without the express permission of the relevant
rights owner, up-load, post, transmit or otherwise make available through this
site any material protected by copyright, trade mark or other proprietary
rights. Our licence to use your contributions If you submit material to this
site, you grant, or warrant that the owner of such material has granted, to us
and our affiliates, third party content providers and licensors a world-wide, non-exclusive,
royalty free, perpetual, irrevocable, unrestricted and fully sublicensable
right to : use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such materials, or incorporate them in
other works, in whole or in part; use the names and images (if any) that you
submit with any such material; and exploit all proprietary rights (such as
copyright, trade marks and service marks) in any such material, in any form,
media or technology now known or later developed, for any purpose, commercial
or otherwise (including promotion of us or our objectives).
You consent to us and any person
authorised by us doing any or all of the above despite all moral and similar
rights you may have or later acquire in respect of any such material. At our
request and expense, you will execute and deliver to us all such instruments
and take such other actions as may be requested by us to carry out and perfect
this grant of licence and consent. Others' licence to use your contributions If
you submit material to this site, you permit all other users to access, view,
store or reproduce the material for their personal, non-commercial use.
Monitoring site content If you submit material to this site, you permit us, for
any reason, to: monitor the content of this site, including chat rooms,
electronic bulletin boards, forums and other communications facilities, to
determine compliance with these conditions; and edit, refuse to post or remove
any material submitted by you. However, we do not assume any obligation to
monitor or censor materials. We reserve the right to host moderated or
unmoderated forums or other web pages to which site users can post materials
("Forums").
We are not responsible for:
materials posted to Forums by third parties, whether or not we moderate those
Forums; materials altered by us in moderating Forums; or our removal of, or
failure to remove, all or any part of those materials. Co-operation with
authorities We reserve the right to co-operate fully with any law enforcement
authority in any jurisdiction in respect of a lawful direction or request to
disclose the identity or other information about anyone posting materials which
the authority ATAims violates any applicable law. DisATAimer about others'
materials You acknowledge that third party materials appearing on this site are
not necessarily controlled or monitored by us and that the views expressed are
not necessarily ours.
6. TRANSACTIONS
DisATAimers apply to all transactions The disATAimers, liability limitation and
indemnity above apply to all transactions effected through, or as a result of
accessing, this site. Products on linked sites Third party web sites accessed
through links on this site, or advertisements, their referral buttons or
embedded hyperlinks, might contain representations or offers which you can
accept by linking to a relevant site and executing a transaction. These are not
representations or offers made by us and the relevant third party is solely
responsible to you for the delivery, condition and suitability of any products
or services you purchase by accessing those sites.
7. GENERAL PROVISIONS
South Australia, Australia law applies This site (excluding any linked, third
party sites) is controlled by us from Australia. Subject to any over-riding
conflict of laws principle, any disputes about this site, its contents or your
dealings with us must be determined by the laws in force in South Australia.
You irrevocably and unconditionally submit to the non exclusive jurisdiction of
courts exercising jurisdiction there. Unenforceable Terms Any provision of
these Terms that is prohibited or unenforceable in any jurisdiction will be
ineffective in that jurisdiction to the extent of the prohibition or
unenforceability. That will not invalidate the remaining Terms nor affect the
validity or enforceability of that provision in any other jurisdiction. Site or
content may be unlawful outside Australia We do not warrant that the content of
this site complies with the laws of any country outside of Australia.
If you access this site from
outside of Australia, you do so at your own risk and you accept responsibility
for ensuring or confirming compliance with all laws that apply to you as a
result of that access or any consequent transactions or dealings with us. Your
responsibilities under laws affecting you You are responsible for ensuring that
your use of this site is lawful, does not infringe any third party's rights and
does not breach any standards, content requirements or codes promulgated by any
relevant authority (including relevant Internet industry codes of practice).
You are of legal age You warrant that you are of legal age and capacity.
Children must not use this site without the express permission of their
parents, guardians or other responsible adults. No offers where illegality
arises Nothing on this site constitutes an offer to provide products or
services in any jurisdiction if to do so would contravene the laws of that
jurisdiction. English language These Terms have been prepared in the English
language and must be construed accordingly. Entire Agreement This Agreement
constitutes the entire and only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations, warranties and
understandings with respect to the site, and the subject matter of this
Agreement. To the extent that anything in or associated with the site is in
conflict or inconsistent with this Agreement, this Agreement shall take
precedence.